Fungsi Notaris dalam Perjanjian Alih Teknologi Melalui Penanaman Modal Asing
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Institusion
Universitas Sumatera Utara
Author
Ervina, Lanni (STUDENT ID : 067011046)
(LECTURER ID : 0017016203)
(LECTURER ID : 0011055902)
(LECTURER ID : 0017016203)
(LECTURER ID : 0011055902)
Subject
Datestamp
2022-12-08 03:44:10
Abstract :
Of Indonesia?s effort to increase capacity and technology advances, it does not need to discover/create its own technologies, but more it will be more efficient to switch technology from other countries with advanced technologies through foreign capital investment from those countries. Indonesia has not powerful strategy to perform technology switching agreement by preparing specific regulation which arrange national strategy of technology switching and operational regulation. The regulations obliges foreign capital investment in Limited Company based on Indonesia law. Constructing a limited company should completed with notary certificate. In this term would analyze the mechanism of technology switching agreement trough foreign capital investment, potential law effects from the technology switching agreement and notary function in the technology switching agreement through foreign capital investment. ?The research is analytic descriptive with normative judicial approaches. Data in this research is secondary data which consist of primary law material, secondary law material, and tertiary law material. Data collection performed by documentation study and checklist such as investigation, study, analysis primary law materials, secondary law material, and tertiary law material in qualitative inductive way. ?That generally mechanism of technology switching agreements trough license agreement. Trough this licensed agreement the technology giver would give right to the technology receiver, in certain period , with certain condition and has agreed each other, exploitation and use technology form the technology source for specific aims. Due to the licensed agreement basically is an agreement, then the general rules form the agreement exist. Among them there is a rule which state that agreement can be made verbally or written. To validate the agreement it should fulfill any rules which arrange in section 1320 KUHP Civil law. The absence of this formal requirement emerge its own consequence such as the agreement can be cancelled or cancellation by law. ?The impact of the licensed agreement which established by parties create rights and obligation of giver and receiver appropriate to contract freedom basis. The function of notary in the foreign capital investment is as general officer which has right to make the certificate of foreign capital investment establishment in order to validity process of Limited Company as Law institution. Through its function Notary and his authority give legal counseling for any parties to perform technology switching agreement. It is suggested that government should establish regulation in form on Government Regulation which arrange the procedures of technology switching which derive form foreign country so that there is legal certainty toward capital investor candidate which will use foreign technology. It is suggested that in the application form of Foreign Capital Investment mentions source of related technology, and that
Of Indonesia?s effort to increase capacity and technology advances, it does not need to discover/create its own technologies, but more it will be more efficient to switch technology from other countries with advanced technologies through foreign capital investment from those countries. Indonesia has not powerful strategy to perform technology switching agreement by preparing specific regulation which arrange national strategy of technology switching and operational regulation. The regulations obliges foreign capital investment in Limited Company based on Indonesia law. Constructing a limited company should completed with notary certificate. In this term would analyze the mechanism of technology switching agreement trough foreign capital investment, potential law effects from the technology switching agreement and notary function in the technology switching agreement through foreign capital investment. ?The research is analytic descriptive with normative judicial approaches. Data in this research is secondary data which consist of primary law material, secondary law material, and tertiary law material. Data collection performed by documentation study and checklist such as investigation, study, analysis primary law materials, secondary law material, and tertiary law material in qualitative inductive way. ?That generally mechanism of technology switching agreements trough license agreement. Trough this licensed agreement the technology giver would give right to the technology receiver, in certain period , with certain condition and has agreed each other, exploitation and use technology form the technology source for specific aims. Due to the licensed agreement basically is an agreement, then the general rules form the agreement exist. Among them there is a rule which state that agreement can be made verbally or written. To validate the agreement it should fulfill any rules which arrange in section 1320 KUHP Civil law. The absence of this formal requirement emerge its own consequence such as the agreement can be cancelled or cancellation by law. ?The impact of the licensed agreement which established by parties create rights and obligation of giver and receiver appropriate to contract freedom basis. The function of notary in the foreign capital investment is as general officer which has right to make the certificate of foreign capital investment establishment in order to validity process of Limited Company as Law institution. Through its function Notary and his authority give legal counseling for any parties to perform technology switching agreement. It is suggested that government should establish regulation in form on Government Regulation which arrange the procedures of technology switching which derive form foreign country so that there is legal certainty toward capital investor candidate which will use foreign technology. It is suggested that in the application form of Foreign Capital Investment mentions source of related technology, and that
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